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RUSTIC LODGE v. ESCOBAR

No. 98-2695.

729 So.2d 1014 (1999)

RUSTIC LODGE and Associated Industries Insurance Company, Inc., Appellants, v. Peter A. ESCOBAR, Appellee.

District Court of Appeal of Florida, First District.

April 16, 1999.

Attorney(s) appearing for the Case

Mary Ann Stiles and Rayford H. Taylor of Stiles, Taylor and Grace, P.A., Tallahassee, for Appellants.

William P. Levens, Tampa, for Appellee.

PER CURIAM.

We affirm the order of the judge of compensation claims (JCC), holding that section 440.09(4), Florida Statutes (Supp.1994), which bars the recovery of compensation benefits upon proof that a claimant engaged in certain prohibited activities, is substantive legislation and thus cannot be retroactively applied.

Claimant, Peter A. Escobar, was injured in an industrial accident on November 4, 1990. In 1994, knowing that Escobar was under investigation...

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